Employee and Employer Contributions
In most 401(k) plans, employees contribute through salary deferrals, and employers may contribute matching or discretionary amounts. In dividing the Yummly.com 401(k) Retirement Plan, both sources of funds may be on the table, but employer contributions are often subject to a vesting schedule. That means the employee spouse may not actually own all of the employer contributions yet—or may forfeit unvested amounts after the divorce or termination.
A well-drafted QDRO should clearly indicate whether it divides:
- Only the employee contributions
- Employee + vested employer contributions
- All contributions regardless of vesting (not always acceptable to plans)
Most plans, including this one, will not divide funds that were not vested as of the account division date. That makes selecting the correct valuation date and understanding the vesting status critical.

